§Why CasetextPricing

Davis et al v. Bank of America, N.A. et al

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Motion to Dismiss Plaintiffs' Amended Complaint

46 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 252,709 times   279 Legal Analyses
    Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 266,625 times   365 Legal Analyses
    Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "

  3. Santiago v. Warminster Township

    629 F.3d 121 (3d Cir. 2010)   Cited 4,214 times   1 Legal Analyses
    Holding that the Court should disregard "'naked assertions devoid of further factual enhancement' and 'threadbare recitals of the elements of a cause of action, supported by mere conclusory statements.'" (quoting Iqbal, 556 U.S. at 678)

  4. Belmont v. MB Investment Partners, Inc.

    708 F.3d 470 (3d Cir. 2013)   Cited 508 times   5 Legal Analyses
    Holding that "an adviser may benefit from a transaction recommended to a client if, and only if, that benefit and all related details of the transaction are fully disclosed"

  5. Yocca v. Pittsburgh Steelers Sports, Inc.

    578 Pa. 479 (Pa. 2004)   Cited 493 times   3 Legal Analyses
    Holding that an integration clause is a "clear sign" that a writing represents the entire agreement between the parties

  6. Pollice v. National Tax Funding, L.P.

    225 F.3d 379 (3d Cir. 2000)   Cited 531 times
    Holding that a tax lien transfer agreement was not a credit transaction under TILA because "the nature of the underlying claim" as a property tax had not "been extinguished"

  7. Glover v. Fed. Deposit Ins. Corp.

    698 F.3d 139 (3d Cir. 2012)   Cited 287 times   1 Legal Analyses
    Holding relation back did not apply when the newly added claim "differed in 'time and type' from the claims earlier alleged"

  8. Hunt v. U.S. Tobacco Co.

    538 F.3d 217 (3d Cir. 2008)   Cited 322 times   1 Legal Analyses
    Holding that private plaintiffs pursuing claims under "all substantive sections of the Consumer Protection Law, fraud-based or not," must prove justifiable reliance

  9. Toy v. Metropolitan Life Insurance

    Nos. 33 WAP 2005 34 WAP 2005 (Pa. Jul. 18, 2007)   Cited 330 times   1 Legal Analyses
    Holding that where a plaintiff alleges fraud in the inducement a court may undertake a legal analysis of the reasonableness of plaintiffs' alleged reliance

  10. Johnson v. Bac Home Loans Servicing, LP

    867 F. Supp. 2d 766 (E.D.N.C. 2011)   Cited 186 times
    Holding that the plaintiff sufficiently alleged that defendant may be a debt collector by stating that defendant handled the underlying foreclosure proceeding attempting to collect plaintiff's debt

  11. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 345,885 times   922 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Section 1692 - Congressional findings and declaration of purpose

    15 U.S.C. § 1692   Cited 14,998 times   139 Legal Analyses
    Finding that abusive debt-collection practices lead to "personal bankruptcies," "marital instability," "loss of jobs," and "invasions of individual privacy"

  13. Section 1692a - Definitions

    15 U.S.C. § 1692a   Cited 6,218 times   83 Legal Analyses
    Defining debt collector

  14. Section 1692k - Civil liability

    15 U.S.C. § 1692k   Cited 6,112 times   65 Legal Analyses
    Holding debt collectors civilly liable for illicit debt collection practices

  15. Section 215a - Merger of national banks or State banks into national banks

    12 U.S.C. § 215a   Cited 102 times
    Providing that, when two banks merge and continue in a receiving association, "[a]ll rights, franchises, and interests of the individual merging banks or banking associations in and to every type of property . . . shall be transferred to and vested in the receiving association by virtue of such merger without any deed or other transfer."